Domestic Battery: PC 243(e)(1)
Domestic battery also concerns a willful or intentional act on an intimate partner except that the injury can be trivial, though harmful or offensive, and need not have caused any pain to the victim. For a battery to occur, it can be any unwanted contact such as pushing or slapping the individual and doing so with the purpose or intent of committing harm. A battery also occurs regardless if the contact was not directly on the victim. For example, smashing the victim’s car window while the person was inside, snatching a necklace off the intimate partner or kicking the victim’s cat in the person’s presence could be charged as domestic battery.
Domestic battery is a misdemeanor though you can face aggravated battery charges, which can be charged as a felony if the intimate partner suffered serious bodily injury, and face state prison time. In many cases, the court will require the offender to attend a batterer’s treatment program for at least one year as a condition of probation. A subsequent domestic battery conviction results in a mandatory minimum jail time of 48 hours.
Possible Defenses to a Domestic Violence Charge
There are numerous defenses available to anyone charged with any of the above charges, some of which are dependent on the crime for which you are being prosecuted.
- Self-defense. You can asset self-defense if you reasonably believed you or someone near you was in imminent danger of being harmed or unlawfully or offensively touched and that you needed to apply force to protect yourself or that other person. The force used must be only that required or necessary to defend yourself.
- Lack of injury. If no injury occurred, then certainly you cannot be prosecuted under PC 243.5, corporal injury to a spouse or cohabitant. You need not have produced a visible injury, though, to be charged with a battery offense or elder abuse.
- Lack of a sustained or reasonable fear for one’s safety or well-being. To be prosecuted for criminal threats, the victim must have had a reasonable fear of the threat and it must have lasted for more than a moment. Merely being startled or being told by the defendant that he or she may get you some day may not be enough to constitute a crime.
- False accusations. Many times, a jealous spouse or ex-dating partner or vengeful family member will fabricate a charge of assault or abuse. Often, a comprehensive medical examination will not contradict the accuser’s account of how an alleged injury occurred.
- Mistaken assumptions. In some cases, someone who is required to report suspected abuse or domestic violence will report it to authorities. A criminal defense attorney may have to launch a separate investigation to exonerate the defendant by showing that either someone else was responsible or that some other plausible explanation explains the injury.
- Violation of constitutional rights. Police must follow certain protocol that adheres to rights found in the federal and state constitutions regarding reasonable searches and seizures, extracting confessions and lawfully arresting someone.
Contact the Domestic Violence Attorney Group
A domestic violence accusation may be result of a mistake or a fabricated allegation from someone seeking retribution or vengeance against you. There are numerous cases where mitigating circumstances, unknown facts, misunderstandings or overzealous prosecutions result in unsubstantiated or excessive charges that our attorneys can examine and appropriately advise you. Promptly retaining an experienced domestic violence lawyer from the Domestic Violence Attorney Group can often mean the difference between getting your case dismissed, charges reduced, or having you plea to a different offense with lesser penalties. Clovis Domestic Violence Attorney – Experienced & Aggressive Lawyer and Lawyers Fighting for You in Clovis, California
About Clovis
Clovis is a city in Fresno County, California, United States, northeast of Fresno. The population is estimated to be 99,983 as of May, 2013. Clovis is located 6.5 miles (10.5 km) northeast of downtown Fresno, at an elevation of 361 feet (110 m).
The city of Clovis began as a freight stop along the San Joaquin Valley Railroad. Organized on January 15, 1890, by Fresno businessmen Thomas E. Hughes, Fulton Berry, Gilbert R. Osmun, H.D. Colson, John D. Gray, and William M. Williams, in partnership with Michigan railroad speculator Marcus Pollasky, the SJVRR began construction in Fresno on July 4, 1891 and reached the farmlands of Clovis Cole and George Owen by October of that year. The railroad purchased right-of-way from both farmers, half from each - the east side from Cole and the west side from Owen - and ran tracks up the borderline between the two properties. The railroad agreed to establish a station on the west side of the tracks and to call it "Clovis". It may be worth noting that the Clovis station, after which the town was named, was positioned on the Owen side of the track.
Clovis was incorporated as a city in February 1912. Principal streets in the town center are still named for the railroad's officers, except Fulton Street, which was later named Front Street, then Main Street, and is now Clovis Avenue.
The formation of alluvial fans in this part of the San Joaquin Valley has led to a rather flat regional geography. The Clovis area has active and potentially active seismic fault zones. The elevation of Clovis is approximately 355 feet (108 m) above mean sea datum According to the Flood Hazard Boundary Map produced by the U.S. Department of Housing and Urban Development, part of Clovis is within the 100-year flood zone, such as some of the area near the Clovis Towne Center. The groundwater flow in Clovis is generally to the southwest.
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